Scottish Government Response to Recommendations of the Working Group on Non-Binary Equality July 2022
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Scottish Government Response to Recommendations of the Working Group on Non-Binary Equality July 2022 July 2022
Foreword
I welcome the report and recommendations of the Working
Group on Non-Binary Equality, which set out actions to
strengthen and improve equality for non-binary people in
Scotland.
The Programme for Government included a commitment to
establish a Working Group on Non-Binary Equality (the
‘Group’) to consider steps to improve the lives of non-binary
people. I would like to extend my thanks to all Group
members for their time and dedication in producing their
report.
The Group was composed of academics, key LGBTI stakeholders and, crucially, members with
lived experience. It is their voices and perspectives in particular which are at the heart of this work
and I want to thank everyone for sharing their personal experience.
The Group identified three key areas where change would have the most meaningful and
significant impact for non-binary people – healthcare, data and law, and access to services – and
the 35 ambitious recommendations focus on these themes and span many areas of public life.
Some are relatively straightforward changes where the impact would be immediate, while others
outline long-term systemic or institutional change that may not be felt for some time. They all have
one thing in common; they aim to improve the lives of non-binary people in Scotland by proposing
changes to either current policy, practice or the law.
The recommendations clearly articulate the barriers and exclusion faced by non-binary people in
their everyday lives - when they interact with services, when they attempt to access rights or
protections offered by the law, or when they seek support for their health and wellbeing – and they
offer practical, considered solutions.
The government has given the Group’s recommendations full and detailed consideration to ensure
they were evaluated with the same attention and care that went into making them. We have
accepted the majority of recommendations, either in full, or in cases where the recommendation is
agreed in principle, but not to the full extent suggested by the Group, we have partially accepted.
Where the recommendation and its impact was not adequately understood at this time, or its
feasibility could not be established before publication, we have committed to considering it further.
In a very few cases, we have declined the recommendation put forward by the Group due to it not
being achievable or deliverable.
We want the actions we will take to be deliverable and bring about real, positive and lasting
change to the lives of non-binary people. Following this publication we will develop an Action Plan
and will work closely with the Group and stakeholders to do so.
I want Scotland to be a place where everyone’s identity is recognised, respected, and celebrated,
and where everybody can access rights and opportunities. I believe that advancing equality for
marginalised groups ultimately advances equality for all. This is an opportunity for us to begin to
improve conditions for the non-binary community and also for other marginalised communities in
Scotland.I want to reiterate my thanks to the Group for helping to advance that vision and I look forward to continuing to work together to improve equality for non-binary people in Scotland, as we strive for equality for all. Christina McKelvie Minister for Older People and Equalities
Summary of our Response
1. The Group put forward thirty-five recommendations. One recommendation related to policy
development. The remainder were organised under three key areas containing several themes:
• Healthcare (transition-related healthcare, mental health, primary care, fertility preservation)
• Data and Law (data collection in research, data collection by service providers, sex and
gender in data guidance in Scotland, legal recognition and gendered law)
• Access to Services (building design, crisis and support services, sport, education)
2. For each recommendation, we have set out the Scottish Government’s decision followed by
a brief rationale. Our decisions are categorised into four types:
ACCEPT
The recommendation is within our devolved competency, consistent with the Scottish
Government’s policy objectives, and otherwise achievable.
PARTIALLY ACCEPT
The recommendation is agreed in principle, but not to the full extent suggested by the Group.
CONSIDER FURTHER
The recommendation and its impact is not fully understood at this time, or its feasibility could
not be established before publication. These decisions will be evaluated over the coming
months and when we produce our Action Plan, they will be changed to either accept, partially
accept, or decline.
DECLINE
The recommendation is not consistent with the Scottish Government’s overall policy
objectives; or not achievable.
3. A summary of our decisions is below:
Accept 9
Partially Accept 15
Consider Further 8
Decline 3
TOTAL 35
4. Overall this means we have accepted, either in full or in part, 24 of the 35
recommendations. We will consider 8 recommendations further and reach a conclusive decision
before Spring 2023, when the Action Plan will be published. We have declined only 3
recommendations. This represents a significant commitment to advancing the rights, equality, and
wellbeing of non-binary people in Scotland.
5. The next phase of activity is developing our Action Plan, which will include more details on
how each commitment will be taken forward, as well as provisional timescales for how long they
will take to implement.General Participation in Decision-Making Recommendation 1 Meaningfully include marginalised people in decision-making by making processes accessible, including through financially compensating individuals for their time and contributions, and by prioritising the participation of people who are marginalised in multiple ways. Decision ACCEPT Scottish Government Response The Scottish Government recognises the value of including the public in policymaking and is committed to achieving wider participation. This is particularly important in communities which the policies in question will directly impact, including individuals who experience multiple forms of marginalisation. We acknowledge that in many cases members of these communities are less likely to have the social or financial capital to participate effectively without compensation. Officials are beginning to develop a process and guidance for compensating participants. This process will then be mapped to other participation work including in policy development and provision of lived experience across Scottish Government. We acknowledge that compensation is not limited to financial remuneration – i.e. paying participants a sum of money, which can sometimes interact with their tax liability or eligibility for state support/benefits. It can also include other forms of pastoral care including childcare, support with technology, travel expenses, and equipment.
Healthcare Transition-Related Healthcare Recommendation 2 Transform the way transition-related healthcare is delivered in Scotland, moving to a system based on informed consent, desegregating services so that they are not exclusively accessed via specialist clinics, and designing services collaboratively with trans and non-binary people. Decision PARTIALLY ACCEPT Scottish Government Response Scottish Government recognises that gender identity services in Scotland are not able to adequately meet current need. In addition to publishing our NHS gender identity services: strategic action framework in December 2021 and committing funding to improve services, we are bringing together people with lived experience of these services, clinical specialists, NHS Boards, academics and LGBTI representative organisations in order to improve access to and delivery of these services. However, although the Group has provided a definition of ‘informed consent’, the term can mean different things to different audiences. Our engagement has highlighted concerns that explicit references to principles of informed consent have the potential to be misinterpreted. Our work to date to improve services continues to frame all improvement in the context of Realistic Medicine. This emphasises the importance of shared decision making throughout a person’s care, between the health professional and patient. Recommendation 3 Develop national standards for gender identity services that are accountable and enforceable. Decision ACCEPT Scottish Government Response The Group has noted Scottish Government’s commitment to improve gender identity services and develop national standards with Health Improvement Scotland. The development of these standards will fully involve the voice of lived experience throughout their drafting. Health boards are expected to follow and remain consistent with all relevant standards set for clinical services as provided for NHS Scotland. Recommendation 4 Fund transition-related healthcare sustainably, in the long term, and beyond the existing Gender Identity Clinics. Decision CONSIDER FURTHER
Scottish Government Response Scottish Government is unable to comment on the content of future spending reviews. Further consultation with health boards will be required to embed a sustainable funding model for gender identity healthcare across NHS Scotland, beyond 2024. Recommendation 5 Ensure that trans and non-binary people have equal access to transition-related healthcare, regardless of gender identity, gender presentation, race, disability, neurodiversity, financial resources, postcode, or other characteristics. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government has been clear that all work to improve gender identity healthcare provision within NHS Scotland should be fully inclusive of the voice of lived experience, with service improvements fully embedding diverse voices and experiences in those processes. Scottish Government have committed to ensure that improvements to gender identity services are "accessible to trans, including non-binary, people". Outwith the scope of this work are changes to processes already in place for raising concerns about clinical care. The Patient Rights (Scotland) Act 2011 and supporting legislation, provides a specific right for people to make complaints, raise concerns, make comments and give feedback. The Act also places a duty on NHS Boards to thoroughly investigate and respond to any concerns raised, to take improvement actions where appropriate and to share learning from the views they receive. Recommendation 6 Require transition-related healthcare to meet referral-to-treatment standards. Decision PARTIALLY ACCEPT Scottish Government Response In the Bute House Agreement, Scottish Government committed to bring NHS gender identity services within national waiting time standards by the end of 2024. Our aim is that waiting times for these services will be reduced in line with our commitment to reduce NHS waiting times overall. As acknowledged by the Agreement, the NHS is experiencing significant challenges due to the pandemic and continues to be under the most severe pressure it has ever been in its 73- year existence. This is why we developed the NHS Recovery Plan, which sets out key ambitions and actions to address the backlog of care across NHS Scotland by March 2026. Work to improve NHS gender identity services will be part of this broader strategic context of remobilisation and recovery of our NHS.
Mental Health Recommendation 7 Make person-centred, specialised gender identity counselling services available for trans and non-binary people, separate from the assessment pathway for transition-related healthcare. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government will ensure mental health services and support are person-centred, appropriately supporting transgender and non-binary people with a full range of issues including gender identity which may impact their mental health. Recommendation 8 Fund mandatory training for mental health providers on trans and non-binary healthcare needs. Decision ACCEPT Scottish Government Response Fostering an inclusive culture in the NHS and supporting individuals from all backgrounds is the cornerstone to improving everyone’s experience within NHS Scotland and to delivering the best care for the people of Scotland. We are committed to ensuring that staff at all levels have the training they need to address any issues around equality, diversity and inclusion within the course of their work, and provide high- quality care that is tailored to individual needs and circumstances. Recommendation 9 Conduct robust Equality Impact Assessments for mental health policies and actions, ensuring that they address the specific needs of trans and non-binary people. Decision ACCEPT Scottish Government Response The Equality Act 2010 (the 2010 Act) requires public authorities to have due regard to the need to: eliminate discrimination, harassment and victimisation; advance equality of opportunity; and to foster good relations between persons who share a relevant protected characteristic and those who do not. This is known as the Public Sector Equality Duty. To help implement the Public Sector Equality Duty the Scottish Government introduced regulations in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (2012 Regulations) which include a requirement under to undertake Equality Impact Assessments (EQIAs) for new and revised policies and practices.
The Scottish Government is currently undertaking a review of the Scottish Specific Duties to ensure that they can be as effective as possible for delivering the Public Sector Equality Duty and reducing inequalities in society.
Primary Care Recommendation 10 Review the use of a sex code in Community Health Index (CHI) numbers, and enable non- binary people to be recognised in medical records. Decision ACCEPT Scottish Government Response The Community Health Index (CHI) is a population register, which is used in Scotland for health care purposes. The CHI number uniquely identifies a person on the index. The register acts as the principle means of recording demographic information of individual patients in the NHS. A major technical change programme is currently underway to replace the entire CHI system. The new CHI system will offer significantly greater flexibility and functionality in terms of how CHI is used – not just for health services, but across health and care as a whole. Within that context, the Scottish Government is open to considering a review of sex codes within the system, noting the Chief Statistician’s guidance on collecting data on sex and gender and the advice on data recording from National Records of Scotland, whilst also noting the cornerstone nature of the CHI system which feeds thousands of clinical systems. This means any changes need to be carefully considered to fully understand the knock-on impact on clinical systems and process across NHS Scotland. Recommendation 11 Fund mandatory training for primary care providers on trans and non-binary healthcare needs. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government provides funding for the delivery of medical education and training. However, we are not able to mandate the contents of specific training for primary care providers on trans and non-binary healthcare needs, as each medical school in Scotland is responsible for developing its own curriculum. Pre-qualification training programmes are a reserved matter but GPs can be supported to take up training post-qualification. The Scottish Government and NHS Education for Scotland are currently reviewing and revising Equality, Inclusion and Diversity training for all NHS staff. We will continue to engage with main stakeholders including the Royal College of GPs and those with lived experience on how best to address trans and non-binary healthcare needs. Recommendation 12 Desegregate treatment pathways so that interventions that are available via a GP referral for cisgender patients are similarly available via a GP referral for trans patients. Decision
CONSIDER FURTHER Scottish Government Response GPs will make different referrals for different patients, based on clinical need, and the reasons for this might not always be obvious to those making the comparison. We need more time to look at further research and engage with relevant stakeholders with lived experience to ensure treatment pathways for trans patients are fair. We are expanding the wider multi-disciplinary workforce in primary care which means referrals can now be made by clinicians other than GPs. These referrals may be to other areas of primary care, such as musculoskeletal physiotherapy, or to parts of the secondary care sector depending on local arrangements.
Fertility Preservation Recommendation 13 Ensure that trans and non-binary people have equal access to fertility preservation treatments, including access to the information needed to make informed choices. Decision PARTIALLY ACCEPT Scottish Government Response Scottish Government currently has a working group looking at the provision and guidance for access criteria for fertility preservation of all patients in Scotland. This work paused due to COVID 19 but will restart soon. Fertility preservation is the storage of gametes (sperm, eggs) and occasionally embryos where an individual’s fertility is clinically assessed to be at risk. Fertility treatment includes the use of stored or fresh gametes and embryos to improve the chances of the conception of a baby. All eligible patients in Scotland who may need fertility preservation treatment at one of the 4 NHS Assisted Conception Units (ACUs) must be referred via a specialist service, i.e. oncology, gynaecology or a gender identity clinic. No individual is referred to fertility preservation services by a GP. ACUs will not accept referrals for fertility preservation from GPs as specialists clinics are best placed to judge when a referral for fertility preservation is clinically appropriate for individual patients. Pathways for health professionals and information leaflets for patients on fertility preservation including trans and non-binary are being developed within the wider work on fertility preservation. Recommendation 14 Work with the UK Government to provide clarity to trans and non-binary people about their legal rights regarding fertility preservation, access to assisted reproduction services, and status when creating families, and work to prevent discrimination in realising these rights. Decision PARTIALLY ACCEPT Scottish Government Response Access to fertility treatment is devolved and all couples irrespective of gender who meet the access criteria will be eligible to receive treatment. The subject-matter of the Human Fertilisation and Embryology legislation is reserved. The Scottish Government will continue to liaise with the UK Government and the Human Fertilisation and Embryology Authority on relevant matters. Any changes to terminology used in the Human Fertilisation and Embryology legislation is a matter for the UK Government. In Scotland, the form of the birth certificate refers to the person who gave birth as the “mother” and the other parent as “father/parent”. The form of the birth certificate is a devolved matter. We have no plans to change the form of the birth certificate.
The form of the birth certificate is in line with the terminology used in Human Fertilisation and Embryology legislation. It also reflects that, in Scotland, the mother of a child automatically obtains parental responsibilities and rights. Recommendation 15 Fund mandatory training for fertility preservation providers on trans and non-binary healthcare needs. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government is working with NHS Education for Scotland to review and revise existing Equality, Inclusion and Diversity training for all NHS staff. We will continue to engage with core stakeholders and those with lived experience on how best to address trans and non- binary healthcare needs. Engagement with core stakeholders will take place with NHS Education for Scotland as the training is reviewed and revised. Scottish Government will additionally ask Fertility Scotland, the National Strategic Network, to host training webinars once the Scottish Government working group looking at the provision of fertility preservation treatment in Scotland has completed its work.
Data and Law Data Collection in Research Recommendation 16 Reintroduce a non-binary response option in Scottish Government core surveys, and introduce a non-binary response option in the next Scottish Census. Decision DECLINE Scottish Government Response The evaluation of Scotland’s Census 2022 will make recommendations for future censuses. The questions on sex and trans status used in Scotland's Census 2022 and for the core surveys allow non-binary respondents to record they are non-binary. The Scottish Government’s core surveys have adopted the question included in the Chief Statistician’s guidance for public bodies. The Office of the Chief Statistician will continually review the existing guidance to ensure that it remains fit for purpose. Our priority is to allow time for the existing guidance to be implemented in order to consider the impact existing questions have had. Recommendation 17 Develop a plan to use the data from the trans status question used in Scottish Government core surveys and the Scottish Census to produce evidence on non-binary people in Scotland that can better inform policymaking. Decision CONSIDER FURTHER Scottish Government Response National Records of Scotland (NRS) are developing classifications to use based on the write-in responses to the Trans Status or History question. These classifications will include Non-Binary as a separate category. NRS and the Scottish Government will work together to ensure consistent use of categories when the Census data and data from the three major household surveys start to become available. Work is underway to plan Census outputs and this will include an analytical report on the trans status or history question. NRS will consult with users to make sure these plans meet user needs and help support research / policy making etc. Officials in NRS and the Scottish Government have discussed plans to work together when the Census data and data from the three major household surveys start to become available. We expect that this work will look at coding the open-ended responses to the trans status question using a common coding frame, and aiming to ultimately publish the coded responses provided there are sufficient numbers to do so.
The level of detail published will be dependent on the number of responses provided to this voluntary question to ensure that data published is not disclosive and that results are robust. The scope of this work will become clear when the data is available. Recommendation 18 Support specific research and evidence-gathering with non-binary people in the absence of high enough response rates from non-binary people in population-level surveys. Decision ACCEPT Scottish Government Response The Scottish Government is committed to improving the equality evidence base, and in April 2021 launched the Equality Data Improvement Programme (EDIP). The EDIP includes several actions to fill gaps in the equality evidence base, including for the protected characteristic of gender reassignment. The Equality Analysis Team will be publishing the next iteration of Scotland’s Equality Evidence Strategy at the end of this year and stakeholders will have the opportunity to shape improvement actions for inclusion in the strategy later this summer. The Scottish Government also regularly reviews the equality evidence base to facilitate evidence-based policy making. Where a gap in the equality evidence base is identified and there is a requirement to fill it, Scottish Government analysts will work closely with policy colleagues to scope options for new evidence gathering.
Data Collection by Service Providers Recommendation 19 Produce clear guidance about name changes for trans and non-binary people, and for public bodies and service providers. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government intends to produce factual public-facing guidance on how to change your name in Scotland. A number of bodies have said that more public-facing guidance would be helpful. We would aim to publish this guidance by the end of 2022. Further consideration is needed on providing guidance to public bodies and service providers on their procedures for recording names. Public bodies and service providers (in the private, public and voluntary sectors) will vary and have different needs and requirements. This further consideration may take some time and is unlikely to be completed before 2023. Recommendation 20 Produce clear guidance for service providers on the gathering of sex/gender information. Decision ACCEPT Scottish Government Response This has been achieved by the publication of the Chief Statistician’s Guidance for public bodies on the collection of data on sex and gender in September 2021. This guidance makes it clear that bodies should carefully consider their data needs, and collect only the data they need to improve services and promote equality. The Office of the Chief Statistician will continue to engage with public bodies about the application of the Chief Statistician's guidance.
Recommendation 21 Review IT systems, particularly in healthcare settings, to identify and remove barriers to non- binary people accessing services. Decision CONSIDER FURTHER Scottish Government Response This recommendation spans multiple administrative systems and is a significant technical undertaking. More time is required to evaluate whether and how it can be achieved.
Sex and Gender in Data Guidance in Scotland Recommendation 22 Include a non-binary response option in the recommended sex question in the next update to the Chief Statistician’s Sex and Gender in Data Guidance. Decision CONSIDER FURTHER Scottish Government Response The Office of the Chief Statistician will continually review its existing guidance, although our intention is to allow time for the guidance to be implemented before considering any changes. This review process will be based on evidence available for making any changes, and will take into account the views of trans and non-binary people. The recommended questions in the Chief Statistician’s Data Guidance currently allow non- binary respondents to record they are non-binary. Recommendation 23 Review the Chief Statistician’s Sex and Gender in Data Guidance regularly, and ensure better inclusion of trans and non-binary people in the review process. Decision CONSIDER FURTHER Scottish Government Response The Office of the Chief Statistician will continually review its existing guidance, although our intention is to allow time for the guidance to be implemented before considering any changes. This review process will be based on evidence available for making any changes, and will take into account the views of trans and non-binary people.
Legal Recognition and Gendered Law Recommendation 24 Commission expert research on non-binary legal recognition, with the view to introducing it in Scotland. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government decided not to extend legal gender recognition to non-binary people at this time as part of the recently introduced Gender Recognition Reform (Scotland) Bill, however this is a developing area within our society and internationally and we agree that further work is required to explore how non-binary legal recognition would work for Scotland. The Scottish Government will therefore commission research on non-binary legal recognition and will consider the outcomes of the research to inform our view in this area. Given the current need to focus on taking forward the Gender Recognition Reform (Scotland) Bill this will likely be a longer term commitment. Recommendation 25 Ensure that future legislation does not further entrench unnecessarily gendered terminology or assumptions across the law. Decision ACCEPT Scottish Government Response Parliamentary Counsel Office has already published Guidance which includes a section on when gender-neutral drafting is appropriate in drafting primary legislation. This guidance does state that, in some exceptional cases, actual gender specificity need not be concealed. Drafters aim to produce legislation that is clear and accessible, and takes account of the context in which it is to operate. In some (exceptional) cases, we may consider it necessary to use gendered language in order to achieve that. Such areas would be considered carefully on a case-by-case basis, and the broader text of this recommendation acknowledges that in many cases it is both necessary and important for the law to be gendered. Recommendation 26 Review the use of, and take action to remove, unnecessary gender markers from identity documents, including by working with the UK Government to take action where ID is administered on a UK-wide basis. Decision CONSIDER FURTHER Scottish Government Response
There is no national ID card scheme in Scotland, digital or otherwise, and Ministers have explicitly stated that we do not intend to have one. The National Entitlement Card (NEC) scheme is used to demonstrate entitlement for certain services nationally and locally. The NEC is used as the Young Scot card and for free concessionary bus travel (including the new under 22s scheme). We understand from Young Scot that gender attributes are not included on the physical Young Scot card. We are considering the recommendations of the Group in the development of the Scottish Government digital identity service – which aims to enable people to access the services are benefits they are entitled to online. We will consider the Group’s recommendations as we implement the scheme, and we are also applying the relevant findings from the supporting equalities impact assessments. The scope of the recommendations for external partners who issue identity documents, including UK Government, will also be considered. However, we need more time to review the implications with external partners, who we do not have an ability to direct. Nevertheless we agree to consider this matter further and articulate how that engagement will occur.
Access to Services Building Design Recommendation 27 Review building regulations to ensure that public spaces are useable and accessible for all, and provide funding to ensure that modern accessible buildings are available across Scotland. Decision PARTIALLY ACCEPT Scottish Government Response Building regulations apply only to new buildings and new building works and are not retrospectively applied to existing buildings or to the management and operation of facilities within buildings which remain the primary responsibility of building owners and operators. As such, the recommendation is much broader than the legislative scope of building regulations. While building regulations in Scotland do not prohibit building designers from making provision for gender-neutral facilities, we recognise the importance our standards and guidance have in supporting the creation of an inclusive and safe environment for all building users. On that basis, we partially accept this recommendation. The Scottish Government is committed to ongoing review of building regulations and welcome from the Group any specific observations and evidence of barriers that can inform future reviews to standards and guidance. While management and operation of buildings is not the subject of regulation by the Scottish Government, we expect public buildings to be inclusive, and we will take discussions forward to investigate how the Scottish Government could make buildings more accessible through other means outside the scope of building regulations.
Crisis and Support Services Recommendation 28 Introduce a homelessness prevention pathway specifically focused on LGBTI+ young people. Decision DECLINE Scottish Government Response Developed by A Way Home Scotland, the national coalition to end youth homelessness in Scotland, the Youth Homelessness Prevention pathway includes a section on LGBT Youth Homelessness. There will be opportunities for stakeholders and experts, including representatives from the non- binary community to be involved in developing the implementation plan and actions. Recommendation 29 Embed the needs of non-binary children, and all LGBTI+ children, into the delivery of a Bairns’ Hoose in Scotland. Decision PARTIALLY ACCEPT Scottish Government Response Whilst the Bairns’ Hoose model is at its heart a rights based approach and therefore aligns with this recommendation, the reason for partially accepting this recommendation is in relation to the call in the Group’s main paper for a scoping exercise to be carried out: “This should include a scoping exercise to understand the specific detriment that non-binary children (and all LGBTI+ children) may experience, both as victims or witnesses to abuse or violence, and when accessing services as a result.” This is not considered to be necessary given that the needs of LGBTI+ children in the Bairns’ Hoose will be given full consideration through the impact assessments which are being carried out as part of the development of the policy. A stage 1 Children's Rights and Wellbeing Impact Assessment (CRWIA) has been completed and subsequent stages will be completed in the coming months as well as an Equality Impact Assessment (EQIA), which will help shape our policy development and understand the impacts of Bairns’ Hoose on specific groups including LGBTI+ children and non-binary children. These will be carried out in the context of the National Guidance for Child Protection in Scotland, published in September 2021. The Guidance describes the responsibilities and expectations for all involved in protecting children and will support the care and protection of children. An EQIA was carried out as part of the development of that guidance.
Recommendation 30 Include non-binary people in Scottish Government strategies, policy frameworks, and resource allocation designed to eradicate gender-based violence. Decision CONSIDER FURTHER Scottish Government Response This recommendation will be a long-term commitment as it requires further research and engagement with a range of stakeholders from the Violence Against Women and Girls (VAWG) sector and non-binary people. The Scottish Government welcomes that the working group supports the Scottish Government’s focus on women and girls within our policies which work to eradicate gender-based violence, which evidence shows is most commonly perpetrated by men and experienced by women. We will continue to work across the VAWG and LGBTI sectors to ensure that the support needs of non-binary people experiencing gender-based violence are fully understood. Recommendation 31 Improve data collection on sex/gender, sexual orientation and trans status within support and crisis services. Decision PARTIALLY ACCEPT Scottish Government Response The Scottish Government expects and encourages all support/crisis service providers to gather meaningful equality data, including that around gender identity. Our Chief Statistician’s guidance on collecting data on sex and gender encourages organisations to think about they are going to use the data to improve services and promote equality. We already encourage this work by requiring all DES funded projects to develop an LBTI (or GBTI) inclusion plan. In our Ending Homelessness Together Action Plan Annual Report (October 2021) we have committed to a review of our homeless data collection. This will include the consideration of changes that can be made to improve our understanding of the causes of homelessness and data on protected characteristics. There will be an opportunity for stakeholders to comment on the proposed changes to our homeless data collection before they are finalised.
Sport Recommendation 32 Agree key policy principles, underpinned by equality and human rights considerations, on how to improve participation in sport and leisure for trans and non-binary people. Decision DECLINE Scottish Government Response We believe the UK’s Sports Councils guidance aims to ensure greater inclusion for transgender people across sports by supporting and facilitating governing bodies and other groups to make their own decisions around inclusion, recognising that there will be different solutions for different sports. Recommendation 33 Fund specific work to reduce barriers to trans and non-binary people's participation in sport. Decision PARTIALLY ACCEPT Scottish Government Response We believe sportscotland are already undertaking work around this, including work with governing bodies and relevant partners to raise awareness around transgender inclusion in sport and review and develop their policies in line with the needs of their sport. In addition, Programme for Government makes a commitment to using increased investment to ensure more people can enjoy active lives and we are working with sportscotland and partners to understand how best to increase investment in physical activity and sport, while ensuring we address inequality of access.
Education Recommendation 34 Work with the developers of SEEMiS to (a) ensure that there are options other than male or female for recording pupils, alongside a field for recording pronouns; (b) review automatic linking from SEEMiS; and (c) produce updated guidance for schools to reflect these changes. Decision PARTIALLY ACCEPT Scottish Government Response SEEMiS is a local authority-led system, maintained on their behalf. Officials will engage with SEEMiS to discuss how we can take this recommendation forward as well as considering the impacts on linked systems and processes. Recommendation 35 Evaluate the ongoing work of implementing LGBT Inclusive Education after one year, collaboratively with non-binary pupils, to investigate the specific impact of the work for them, and any changes needed to ensure that they equally benefit from the work in the future. Decision ACCEPT Scottish Government Response We will look at aligning this with existing work on LGBT inclusive and personal and social education.
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except
where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-
government-licence/version/3 or write to the Information Policy Team, The National
Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk.
Where we have identified any third party copyright information you will need to
obtain permission from the copyright holders concerned.
This publication is available at www.gov.scot
Any enquiries regarding this publication should be sent to us at
The Scottish Government
St Andrew’s House
Edinburgh
EH1 3DG
ISBN: 978-1-80435-699-9 (web only)
Published by The Scottish Government, July 2022
Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA
PPDAS1116962 (07/22)
w w w . g o v . s c o tYou can also read
